|
12
<br />8.1. Utility Services. Commission shall provide the necessary mains, meters, and
<br />conduits for water and sewer facilities and electric service to the Premises, as well as water for
<br />operation of the heat pumps located in the Premises. Tenant shall: (a) promptly pay all charges for
<br />sewer, water, gas, electricity, telephone, and other utility services used in, on, at, or from, the
<br />Premises (the “Utility Charges”); and (b) deliver to Commission, upon demand, receipts or other
<br />satisfactory evidence of payment of the Utility Charges.
<br />8.2. Commission s Reserved Rights. With prior written notice to Tenant, Commission
<br />reserves the right to suspend or reduce the services of heating, elevators, plumbing, electrical, air
<br />conditioning or other mechanical systems in the Building when necessary by reason of
<br />governmental regulations, civil commotion, riot, accident or emergency, or for repairs, alterations
<br />or improvements which are in the reasonable judgment of Commission desirable or necessary, or
<br />for any other reason beyond the power or control of Commission (including without limitation, the
<br />unavailability of fuel or energy or compliance by Commission with any applicable laws, rules or
<br />regulations relating thereto), without liability in damages and without any reduction in rent payable
<br />by Tenant. The exercise of such right by Commission shall not constitute an actual or constructive
<br />eviction in whole or in part, nor entitle Tenant to any abatement or diminution of Rent, relieve
<br />Tenant from any of Tenant's obligations under this Sublease, or impose any liability upon
<br />Commission or its agents by reason of inconvenience or annoyance to tenant or injury to or
<br />interruption of Tenant's business or otherwise. Commission shall not in any way be liable or
<br />responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if, during
<br />the Lease Term and for reasons beyond the control of Commission, either the quality or character
<br />of electric current is changed or is no longer available or suitable for Tenant's requirements.
<br />ARTICLE IX
<br />INSURANCE AND INDEMNIFICATION
<br />9.1. Tenant's Liability Insurance. Tenant, at its expense, shall maintain during the Term,
<br />commercial general liability insurance on the Premises covering Tenant as the named insured and
<br />identifying Commission as an “additional insured” with terms satisfactory to Commission and with
<br />companies qualified to do business in the State, for limits of not less than $700,000.00 for bodily
<br />injury, including death resulting therefrom, and personal injury for any one (1) occurrence,
<br />$1,000,000.00 property damage insurance, or a combined single limit in the amount of
<br />$5,000,000.00. At all times, Tenant shall maintain limits naming Commission as an "additional
<br />insured" in an amount sufficient to cover any possible liability Commission may have pursuant the
<br />amounts set forth at Indiana Code § 34-13-3-4, as the same may be amended, superseded or
<br />recodified from time to time.
<br />9.2 Dram Shop Coverage. In addition to the insurance required under this Article, for
<br />any such period of time as Tenant shall serve liquor or other alcoholic beverages in or from the
<br />Premises, Tenant agrees to maintain minimum limits of coverage of at least $2,000,000 covering
<br />“liquor law” liability (sometimes also known as "dram shop" insurance) which shall insure Tenant,
<br />as the named insured, and Commission, as the additional insured, and all those claiming by, through
<br />or under Commission, against any and all claims, demands or actions for personal or bodily injury
<br />to, or death of, one person or multiple persons in one or more accidents, and for damage to property,
<br />as well as for damages due to loss of means of support, loss of consortium, and the like so that at
|